Yes - if the actions of a person operating a motor vehicle were negligent. Negligence is defined as failing to do what a reasonable person would do under the same circumstances. If a person is negligent, they can be held responsible for damages. Damages can include personal injuries caused by his actions for any pain and suffering, permanent injuries, disabilities, or death. In the case of death within a family, surviving family members can recover damages through wrongful death laws.
Even if your case involves only minor injuries, you may still be entitled to monetary damages. Medical expenses, regardless of how much or how little, can be recovered. You can also recover for lost wages.
Yes and no. You can attempt to settle your personal injury case on your own, but an attorney is more likely to secure a larger settlement for you than you could on your own. The insurance adjuster's job is to settle a claim for as little and possible and will try to force you to settle for a lesser amount if you don't have legal representation.
Personal injury cases are handled on a contingency fee basis. If the attorney does not recover for you, there is no fee paid to the attorney. The individual will be responsible for out of pocket expenses.
You have two years from the date of your injury to either settle your case or file a lawsuit. If you fail to settle or file a lawsuit by the end of the two-year period, you will be forever barred from filing a claim.